BILL NUMBER: AB 403	CHAPTERED  10/10/99

	CHAPTER   1022
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   MARCH 18, 1999

INTRODUCED BY   Assembly Member Romero
   (Coauthors:  Assembly Members Davis, Honda, Keeley, Knox, Kuehl,
Pescetti, Scott, Steinberg, Strom-Martin, and Thomson)
   (Coauthors:  Senators Bowen, Chesbro, Hayden, and Solis)

                        FEBRUARY 12, 1999

   An act to add Section 6228 to the Family Code, relating to law
enforcement, and making an appropriation therefor.

      (Approved by Governor October 10, 1999.  Filed with
Secretary of State October 10, 1999.)

   I am signing Assembly Bill No. 403; however, I am deleting the
$200,000 General Fund appropriation contained in Section 1.5.
   AB 403 would appropriate $200,000 from the General Fund to the
Department of Justice (DOJ) for training local law enforcement on the
enforcement of firearm laws at gun shows.
   Having recently signed legislation tightening regulation of gun
shows, I support the need for additional training.  However, primary
responsibility of law enforcement at gun shows is a local
responsibility, and I believe the Commission on Peace Officers
Standards an Training is the appropriate state agency to provide
training for local law enforcement officers.
   If the Commission desires to contract with the Department of
Justice to provide such training, I will provide the necessary
funding in the budget process.
   This bill would also require local law enforcement agencies to
make available to a victim one copy of domestic violence incident
report within a specific period of time.
   I believe this is an important measure that will help victims of
domestic violence obtain the documentation they need to secure
restraining orders as quickly as possible.
                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   AB 403, Romero.  Law enforcement:  domestic violence.
   Existing law establishes procedures for the prevention of domestic
violence and provides both civil and criminal sanctions for acts of
domestic violence.
   This bill would require each state and local law enforcement
agency to provide, without imposing a fee, one copy of any domestic
violence incident report face sheet, domestic violence incident
report, or both, upon request, to a victim of domestic violence
within a specified amount of time, thereby imposing a state-mandated
local program.
   The bill would also appropriate $200,000 from the General Fund to
the Department of Justice for training local law enforcement on the
enforcement of firearms laws at gun shows.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6228 is added to the Family Code, to read:
   6228.  (a) State and local law enforcement agencies shall provide,
without charging a fee, one copy of all domestic violence incident
report face sheets, one copy of all domestic violence incident
reports, or both, to a victim of domestic violence, upon request.
For purposes of this section, "domestic violence" has the definition
given in Section 6211.
   (b) A copy of a domestic violence incident report face sheet shall
be made available during regular business hours to a victim of
domestic violence no later than 48 hours after being requested by the
victim, unless the state or local law enforcement agency informs the
victim of the reasons why, for good cause, the domestic violence
incident report face sheet is not available, in which case the
domestic violence incident report face sheet shall be made available
to the victim no later than five working days after the request is
made.
   (c) A copy of the domestic violence incident report shall be made
available during regular business hours to a victim of domestic
violence no later than five working days after being requested by a
victim, unless the state or local law enforcement agency informs the
victim of the reasons why, for good cause, the domestic violence
incident report is not available, in which case the domestic violence
incident report shall be made available to the victim no later than
10 working days after the request is made.
   (d) Persons requesting copies under this section shall present
state or local law enforcement with identification at the time a
request is made.
   (e) This section shall apply to requests for face sheets or
reports made within five years from the date of completion of the
domestic violence incidence report.
   (f) This section shall be known, and may be cited, as the Access
to Domestic Violence Reports Act of 1999.
  SEC. 1.5.  There is hereby appropriated from the General Fund to
the Department of Justice the sum of two hundred thousand dollars
($200,000) for the training of local law enforcement agencies on the
enforcement of firearms laws at gun shows.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
